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DECISION No. 55/2003/QD-BTC OF APRIL 16, 2003 PROMULGATING THE REGULATION ON CUSTOMS PROCEDURES AND CUSTOMS INSPECTION AND SUPERVISION APPLICABLE TO INTERNATIONAL TRAINS ON ENTRY AND EXIT

THE MINISTER OF FINANCE

Pursuant to Customs Law No. 29/2001-QH10 adopted on June 26, 2001 by the Xth National Assembly of the Socialist Republic of Vietnam at its 9th session;

Pursuant to the Government's Decree No. 101/2001/ND-CP of December 31, 2001 detailing the implementation of a number of articles of the Customs Law regarding customs procedures, customs inspection and supervision regime;

Pursuant to the Government's Decree No. 86/2002/ND-CP of November 5, 2002 stipulating the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposal of the General Director of Customs,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on customs procedures and customs inspection and supervision applicable to international trains on entry and exit.

Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette. To annul Decision No. 1551/2001/QD-TCHQ of December 26, 2001 of the General Director of Customs and other guiding documents contrary to the provisions of this Decision.

Article 3.- The General Director of Customs, the heads of units under the Ministry of Finance and concerned organizations and individuals shall have to implement this Decision.

For the Minister of Finance

Vice Minister
TRUONG CHI TRUNG

REGULATION ON CUSTOMS PROCEDURES AND CUSTOMS INSPECTION AND SUPERVISION APPLICABLE TO INTER-NATIONAL TRAINS ON ENTRY AND EXIT

(Issued together with Decision No. 55/2003/QD-BTC of April 16, 2003 of the Minister of Finance)

I. GENERAL PROVISIONS

1. Interpretation of terms:

- International trains (hereinafter called trains for short) include locomotives and carriages travelling across the border.

- International railway stations (hereinafter called international stations for short) include border-gate international stations and inland international stations.

2. The customs procedures for trains on entry must be carried out right after they arrive at border-gate international stations. The customs procedures for trains on exit must be carried out before they leave border-gate international stations.

The time determined as the time of arrival at border-gate international stations of trains on entry and import goods shall be the time the Customs Sub-Departments of border-gate international stations receive and affix professional stamps on papers submitted by train captains or their lawful representatives (hereinafter referred collectively to as train captains) as prescribed.

3. The heads of international stations shall have to notify in writing one hour in advance the Customs Sub-Departments of international stations of the trains' arrival and departure time as well as places and time for cargo loading and unloading.

4. The train captains shall have to:

a) Notify the Customs Sub-Departments of international stations of information on import/export goods and luggage, passengers on entry and exit and other information related to the managerial work of the customs offices.

b) Ensure the original conditions of import/export goods while they are transported from inland international stations to border-gates and vice versa.

c) Abide by the Customs Offices' requests on the inspection and search of trains.

5. Places of carrying out customs procedures for import/export goods and luggage:

a) The customs clearance procedures for import goods shall be carried out at the Customs Sub-Departments of international stations which are stated in the bills of lading as the destination stations of such goods.

b) The customs procedures for export goods shall be carried out at the Customs Sub-Departments of inland international stations from which they are sent. If the customs procedures are carried out at other Customs Sub-Departments, they must comply with the procedures for export goods transported from border-gate to border-gate.

c) The procedures for accompanied luggage of passengers on entry and exit shall be carried out at the Customs Sub-Departments of border-gate international stations.

d) The customs procedures for unaccompanied luggage of passengers on exit shall be carried out at the Customs Sub-Departments of international stations where passengers carry out procedures for consignment of their luggage. The customs procedures for unaccompanied luggage of passengers on entry shall be carried out at the Customs Sub-Departments of international stations inscribed in passengers' slips of unaccompanied luggage.

6. The supervision of international trains on entry from the border marker-posts to border-gate international stations and vice versa shall be performed by the customs' force in charge of smuggle investigation and combat through professional measures of patrol and inspection or other technical measures.

II. CUSTOMS PROCEDURES AND CUSTOMS SUPERVISION FOR TRAINS

A. FOR TRAINS ON ENTRY:

1. At border-gate international stations:

1.1. Responsibilities of train captains:

- Right after the trains on entry arrive at border-gate international stations, the train captains shall have to submit to the Customs Sub-Departments of the border-gate international stations the following papers:

a) The certification of the order of the train's components: 02 originals;

b) The list of train crew and attendants: 02 originals;

c) The manifest of import goods: 03 originals;

d) The carriage transfer papers (for cargo trains): 02 originals;

e) The papers on transfer of international transit carriages (if any): 02 originals;

f) The list of passengers (for passenger trains): 02 originals;

g) The inventory of slips of passengers' unaccompanied luggage: 02 originals;

h) The extracts on goods to be unloaded at each inland international station: 03 originals (according to form HQ-02/TLV issued together with this Decision).

- To abide by decisions and requests of the Customs Sub-Departments of the border-gate international stations and customs officers in carrying out the customs procedures for the trains.

- To perform other obligations as prescribed by law.

1.2. Responsibilities of the Customs Sub-Departments of border-gate international stations:

a) To receive and check papers submitted by the train captains.

b) To compare and check the actual numbers of locomotives, the numbers and codes of each consigned cargo and luggage carriage.

c) To check transporting organizations' seals on each consigned cargo and luggage carriage.

d) To make customs seals on each consigned cargo and luggage carriage or each goods lot unloaded at inland international stations.

e) To supervise the trains while they stop at stations: the unloading of consigned cargo and luggage to warehouses and/or yards for carrying out the import procedures at stations.

f) To affix professional stamps on papers submitted by the train captains

f.1) To return to the train captains the submitted papers prescribed at Points a, b, and c of Section 1.1 above (01 copy for each paper).

f.2) To make customs seals on papers prescribed at Points c, d, e, f, g and h of Section 1.1 above (02 copies for each paper) and hand them to the train captains for submission to the Customs Sub-Departments of inland international stations for the latter to carry out the import procedures for consigned cargo and luggage.

f.3) To archive the vouchers prescribed at Points a, b and c of Section 1.1 above upon each entry of the trains (01 copy for each voucher).

g) To carry out import procedures for accompanied cargo and luggage of passenger on entry; and to make certification of the numbers of packages of consigned luggage on the declarations of luggage on entry and exit (if any).

h) To make records on monitoring books (according to form HQ-01/TLV issued together with this Decision).

2. At inland international stations:

2.1 Responsibilities of train captains:

- As soon as the trains arrive at inland international stations, the train captains shall have to submit to the Customs Sub-Departments of the inland international stations papers handed over to them by the Customs Sub-Departments of the border-gate international stations for submission to the Customs Sub-Departments of the inland international stations as prescribed at Point f2 of Section 1.2 above.

- To abide by decisions and requests of the Customs Sub-Departments of the inland international stations and customs officers in carrying out the customs procedures for the trains.

- To perform other obligations as prescribed by law.

2.2. Responsibilities of the Customs Sub-Departments of inland international stations:

a) To comply with the provisions at Points a, b, c, d, e and h of Section 1.2 above.

b) To affix professional stamps on papers submitted by the train captains:

- To return to the train captains 01 copy for the paper on transfer of international transit carriages (if any);

- To make customs seals on the papers (01 copy for each paper) submitted by the train captains as prescribed at Point 2.1 above (except the paper on transfer of international transit carriages) and return them to the Customs Sub-Departments of border-gate international stations;

- To archive 01 copy of each submitted paper prescribed in Section 2.1 above upon each entry of the trains.

c) To carry out the import procedures for unaccompanied cargo and luggage of passengers on entry.

B. FOR INTERNATIONAL TRAINS ON EXIT:

1. At inland international stations:

1.1. Responsibilities of train captains:

- Before the trains on exit leave the inland international stations, the train captains shall have to submit to the Customs Sub-Departments of the inland international stations the following papers:

a) The certification of the order of the train's components: 02 originals;

b) The manifest of export goods: 03 originals;

c) The carriage transfer papers (for cargo trains): 02 originals;

d) The list of passengers (for passenger trains): 02 originals;

e) The inventory of the slips of passengers' unaccompanied luggage: 02 originals;

f) The paper on transfer of transit carriages (if there is any international transit carriage): 02 originals;

The papers prescribed at Points a, b, c, d, e and f above are the declarations of cargo, luggage and passengers to be handed over at inland international stations.

- To abide by decisions and requests of the Customs Sub-Departments of the inland international stations and customs officers in carrying out the customs procedures for the trains.

- To perform other obligations as prescribed by law.

1.2. Responsibilities of the Customs Sub-Departments of inland international stations:

a) To receive and check the papers submitted by the train captains.

b) To compare and check the actual numbers of locomotives, the numbers and codes of each consigned cargo and luggage carriage.

c) To make customs seals on each consigned cargo and luggage carriage or each goods lot.

d) To supervise the trains while they stop at the stations and the loading of consigned cargo and luggage which have been cleared from customs procedures to each carriage.

e) To affix professional stamps on papers submitted by the train captains:

e.1) To return to the train captains the already submitted papers prescribed at Points a, b, and f, Section 1.1 of Part B above (01 copy for each paper);

e.2) To make customs seals on the submitted papers prescribed at Points b, c, d and e, Section 1.1 of Part B above (02 originals of each papers) and hand them to the train captains for submission to the Customs Sub-Departments of the border-gate international stations.

e.3) To archive vouchers prescribed at Points a and f, Section 1.1 of Part B above upon each exit of the trains (01 copy for each voucher).

f) To make records on monitoring books (according to form HQ-01/TLV issued together with this Decision).

g) To carry out export procedures for unaccompanied goods and luggage of passengers on exit.

h) On the basis of the certification of actually exported goods on the manifest of export goods made by the Customs Sub-Departments of border-gate international stations, the Customs Sub-Departments of the inland international stations shall have to make certification of the actual exportation on each customs declaration for which they have carried out customs procedures.

2. At border-gate international stations:

2.1 Responsibilities of train captains:

- When the trains on exit arrive at border-gate international stations, the train captains shall have to submit to the Customs Sub-Departments of border-gate international stations the following papers:

a) The papers handed over to the train captains by the Customs Sub-Departments of inland international stations for submission to the Customs Sub-Department of the border-gate international stations as prescribed at Point e.2, Section 1.2 of Part B above;.

b) The certification of the order of the train's components: 02 originals;

c) The list of train crew and attendants: 02 originals;

d) The manifest of export goods: 03 originals;

e) The carriage transfer paper (for cargo trains): 02 originals;

f) The paper on transfer of international transit carriages (if there is any international transit carriage): 02 originals;

g) The list of passengers (for passenger trains): 02 originals;

h) The inventory of the slips of passengers' unaccompanied luggage: 02 originals;

The papers prescribed at Points b, c, d, e, f, g and h above are general declarations of all cargo, luggage and passengers of the trains on exit.

- To abide by decisions and requests of the Customs Sub-Departments of border-gate international stations and customs officers in carrying out customs procedures for the trains.

- To perform other obligations as prescribed by law.

2.2. Responsibilities of the Customs Sub-Departments of border-gate international stations:

a) To comply with the provision at Points a, b, c, d and f, Section 1.2 of Part B above.

b) To affix professional stamps on the papers submitted by the train captains:

- To return to the train captains the papers prescribed at Points b, c, d, e, f, g and h, Section 2.1 of Part B above (01 copy for each paper);

- To make customs seals on the papers prescribed at Point a, Section 2.1 of Part B above (01 copy for each paper) for returning to the Customs Sub-Departments of the inland international stations;

- To archive vouchers prescribed in Section 2.1 of Part B above upon each exit of the trains (01 copy of each voucher).

c) To carry out the export procedures for accompanied cargo and luggage of passengers on exit.

For the Minister of Finance

Vice Minister
TRUONG CHI TRUNG